Disability (Handicap)

On this page is an assortment of resources for persons with disabilities, their family members, or those who want to provide needed assistance. This page also has resources for housing providers to better inform those providers of their rights and responsibilities as well as best practices to facilitate open housing for all. This page includes requirements under fair housing laws as well as information on other housing related issues.

Federal fair housing laws define disability as an impairment that “substantially” limits a major life activity. Disability issues in fair housing typically fall into five primary categories: reasonable accommodations, reasonable modifications, service animals (a type of reasonable accommodation), accessibility, lending, and zoning (most often related to group homes). Although fair housing laws specifically reference “handicap,” we use the term disability whenever possible.

Disability based housing discrimination can take many forms including:

  • Not allowing a reasonable accommodation in a “no pets” policy for someone who needs an animal for their disability and who meets the definition of disability under law.
  • A lender mandating proof of long term disability benefits or asking for medical statements in order to approve a mortgage.
  • Only providing information on first floor units to someone who is blind out of fear they may hurt themselves on stairs.
  • A requirement for rental that an applicant must be “employed.”
  • Requiring that someone using a wheelchair pay an extra deposit or get additional insurance coverage due to concern that they may damage the unit.
  • A multi-family property built after March 13, 1991 that does not meet accessibility requirements.
  • Making verbal statements such as “I don’t rent to bipolars” or “disabled people belong in a nursing home.”
  • A requirement that a person with a disability must be able to live independently. 
  • Not allowing a person with a disability to make a reasonable modification – such as having ramp installed to get into their unit.
  • A public housing authority refusing to provide a deaf interpreter or a housing provider refusing to rent to a deaf person who uses a relay service to communicate.

FHCCI Resources:

Reasonable Accommodations and Modifications:

Service, Assistive, Therapeutic, Emotional Support, and Companion Animals:

Accessibility:

Multi-family properties built for first occupancy as of March 13, 1991 have to be accessible to people with disabilities under fair housing laws. 

Visitability:

Movement to make single family homes “visitable” by those with disabilities or mobility limits.

Lending:

Olmstead and Community Based Care Issues:

Using People First Language:

General Disability Reports of Interest:

Zoning and Group Homes:

Watch the FHCCI’s short video on “Reasonable Accommodations for Animals Under Fair Housing Laws.”

Hear from our client, Sarah, about her experience when confronting discrimination due to a disability.

In this FHCCI video, you will learn about the “Fair Housing Design & Construction Accessibility Requirements” for multi-family properties.

In this 2022 WISH-TV news story, learn about one of the FHCCI’s enforcement actions to ensure accessible housing for persons with disabilities. News link here.

The independent living movement organized to demand an end to segregation for Americans with disabilities, who were denied basic rights, like attending schools, holding jobs, or choosing homes. This led to a major milestone with the U.S. Supreme Court’s Olmstead decision. Learn about this key decision in this short video.